A recent court case, Gluck v Secretary of State for Housing Communities and Local Government , has brought good luck to a local authority in Cheshire which found itself unable to determine a prior approval application under Class Q of the GPDO within the requisite period.
The council sought an extension to the determination date for the barn conversion application, and this was agreed by the appellants. Following this agreement, the council issued its decision notice refusing the application within the agreed extended timescale. At appeal (DCS Number 400-025-479) the appellants then contended that there was no mechanism to extend the time period for determining a prior approval notification under Class Q, or within Article 7 of the GPDO, and their agreement to a time extension did not stop the granting of deemed consent on the cessation of the statutory 56-day period.
The inspector recorded, however, that the Gluck judgment concluded that Article 7 of the GPDO does permit applicants and local planning authorities to agree extensions of time for the determination of such prior approval applications. The appellants subsequently accepted that the judgment supersedes the previous case law which they had provided. Consequently, the inspector concluded that the decision was made within the extended time period agreed by both parties, and prior approval was not deemed to have already been granted.
Further information about Class Q can be found at section 4.3422 of DCP Online.